Samsung will have to cool its heels in Australia a little longer with the Galaxy Tab 10.1, as a ruling regarding a preliminary injunction requested by Apple for that device will come next week at the earliest, after proceedings wrapped up on Tuesday.
Tuesday was the last day of hearings in the Sydney federal court this week, where lawyers from Apple and Samsung argued their sides of a dispute which now concerns only one patent. The upcoming decision will determine whether or not a formal injunction will be placed on the sale of Samsung’s Galaxy Tab 10.1 tablet device. Justice Annabelle Bennett said she couldn’t make any promises regarding when a decision would arrive, but she did say last Friday that she would “try to get it out as soon as possible.”
Samsung’s lawyers are eager for a resolution, because as they noted on Tuesday during proceedings, if a ruling doesn’t arrive “by mid-October,” Samsung loses much of its opportunity to capitalize on the Christmas shopping season, and launching the product at all in Australia could then be a lost cause.
Next week treads fairly close to that “mid-October” soft deadline Samsung spoke of, but there’s also no guarantee Bennett will issue a ruling by then, either. In the meantime, Samsung has agreed voluntarily not to sell the Galaxy Tab in Australia, pending the court’s formal decision. Bennett suggested both parties agree to speed up the full trial between the two, which involves multiple patent infringement claims from both sides, but again, such a move wouldn’t help Samsung’s position with regards to launching the device within the next few weeks.
Apple made clear to Samsung that it isn’t interested in anything besides a full-scale block on the sale of the Korean company’s products when it turned down a deal put forward earlier this week by Samsung’s lawyers. Since Apple’s stated goal is to “prevent the launch of the Galaxy tablet and maintain the status quo,” it actually represents a win for the company just so long as a decision continues to be delayed. Regardless of whether the court finds in Apple’s favor, or just continues to withhold a formal decision, the Galaxy Tab 10.1 will stay off store shelves down under.
Samsung returned fire for this and other injunction attempts launched by Apple, by declaring its intentions to block sales of the iPhone 4S, starting in Italy and France, shortly after Apple unveiled its latest smartphone on Tuesday.